Annes v. State

OPINION ON REHEARING

MATTINGLY-MAY, Judge.

The State petitions for rehearing of our memorandum decision in Annes v. State, No. 49A04-0109-PC-410, 767 N.E.2d 1051 (Ind. Ct.App. April 30, 2002), where we reversed the denial of Richard Annes' see-ond petition for post-conviction relief. We grant the rehearing in order to address the State's argument that Annes' claims were res judicata because the same issue he raised in the case before us had been decided in a prior petition for post-convietion relief. We vacate our memorandum decision but reaffirm, in light of the unique factual and legal…